Amendment ASA1-AB796

LRBs0402/1

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1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 796

March 14, 2000 - Offered by Representative Staskunas.

AB796-ASA1,1,8 An Act to repeal 15.07 (1) (b) 15m., 15.445 (4), 42.06 and 42.105 (2); to renumber 42.105 (1); to amend 13.48 (6), 13.48 (7), 13.48 (12) (b) 2., 13.488 (7) (a) and (b), 16.85 (1), 16.85 (6), 20.190 (1) (h), 42.04 and 42.12 (1); and to create 13.48 (10) (b) 5., 13.94 (1) (dm), 15.07 (1) (a) 8., 15.07 (2) (h), 15.93, 16.87 (5), 20.924 (3), 42.01 (4), 42.01 (5), 42.09 (3) and 42.106 of the statutes; relating to: the state fair park board; authorizing the creation of private corporations to provide support for the state fair park; construction and leasing of buildings, structures and facilities at the state fair park; and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB796-ASA1, s. 1 Section 1. 13.48 (6) of the statutes is amended to read:

AB796-ASA1,2,9 13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $500,000, together with the method of financing proposed for those projects by the board, without recommendation. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and shall file copies of its report with the governor-elect.

AB796-ASA1, s. 2 Section 2. 13.48 (7) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB796-ASA1,2,23 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $500,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

AB796-ASA1, s. 3 Section 3. 13.48 (10) (b) 5. of the statutes is created to read:

AB796-ASA1,3,2 13.48 (10) (b) 5. Contracts for construction of any building, structure or facility for the state fair park board involving a cost of not more than $500,000.

AB796-ASA1, s. 4 Section 4. 13.48 (12) (b) 2. of the statutes is amended to read:

AB796-ASA1,3,5 13.48 (12) (b) 2. A facility constructed by or for the state fair park board, if the cost of constructing the facility does not exceed the amount specified in sub. (3).

AB796-ASA1, s. 5 Section 5. 13.488 (7) (a) and (b) of the statutes are amended to read:

AB796-ASA1,3,10 13.488 (7) (a) The building commission, with advice from the state fair park board, shall examine and review detailed design requirements for all state-owned facilities involving a cost of more than $500,000 to be included in the development of state fair park.

AB796-ASA1,3,17 (b) Final approval by the building commission for the construction of any facility specified in par. (a) at state fair park shall be contingent upon a finding by the building commission that the proposed project is consistent with the overall objectives of the state fair park and that actual lease commitments and the probability of future lease commitments are such that the building commission may reasonably determine that the facility will be completely self-amortizing, including principal and interest payments covering the life of any bond issue.

AB796-ASA1, s. 6 Section 6. 13.94 (1) (dm) of the statutes is created to read:

AB796-ASA1,3,20 13.94 (1) (dm) Annually, perform a financial audit of the state fair park board and of any private corporation with which the board contracts under s. 42.01 (4) (b).

AB796-ASA1, s. 7 Section 7. 15.07 (1) (a) 8. of the statutes is created to read:

AB796-ASA1,3,23 15.07 (1) (a) 8. Members of the state fair park board appointed under s. 15.93 (1) (a) and (b) shall be appointed as provided in those provisions.

AB796-ASA1, s. 8 Section 8. 15.07 (1) (b) 15m. of the statutes is repealed.

AB796-ASA1, s. 9 Section 9. 15.07 (2) (h) of the statutes is created to read:

AB796-ASA1,4,3 15.07 (2) (h) The chairperson of the state fair park board shall be designated annually by the governor from among the members appointed under s. 15.93 (1) (c), (d) and (e).

AB796-ASA1, s. 10 Section 10. 15.445 (4) of the statutes is repealed.

AB796-ASA1, s. 11 Section 11. 15.93 of the statutes is created to read:

AB796-ASA1,4,7 15.93 State fair park board. (1) Creation. There is created a state fair park board consisting of the following members:

AB796-ASA1,4,10 (a) Two representatives to the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader of the assembly. This paragraph does not apply after June 30, 2003.

AB796-ASA1,4,13 (b) Two senators, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate. This paragraph does not apply after June 30, 2003.

AB796-ASA1,4,16 (c) Five members representing business, 3 of whom have general business experience, one of whom has experience in agriculture and one of whom has experience with technology.

AB796-ASA1,4,18 (d) One resident of the city of West Allis, recommended by the mayor of West Allis.

AB796-ASA1,4,19 (e) Three other members who are residents of this state.

AB796-ASA1,4,21 (f) The secretary of agriculture, trade and consumer protection and the secretary of tourism.

AB796-ASA1,4,23 (2) Terms. The members of the state fair park board under sub. (1) (c) to (e) shall be appointed for 5-year terms.

AB796-ASA1, s. 12 Section 12. 16.85 (1) of the statutes is amended to read:

AB796-ASA1,5,19 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under s. 16.847. The department shall adopt the architectural and engineering design proposed by the state fair park board for any project to be constructed for the board, if the design and specifications conform to applicable laws, rules, codes and regulations. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.

AB796-ASA1, s. 13 Section 13. 16.85 (6) of the statutes is amended to read:

AB796-ASA1,5,24 16.85 (6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary. This subsection does not apply to the state fair park board.

AB796-ASA1, s. 14 Section 14. 16.87 (5) of the statutes is created to read:

AB796-ASA1,6,4 16.87 (5) Subsections (1) to (4) do not apply to contracts for construction work to be performed for the state fair park board. The secretary shall prepare and sign contracts for construction work to be performed for the state fair park board in accordance with the approved specifications for the work.

AB796-ASA1, s. 15 Section 15. 20.190 (1) (h) of the statutes is amended to read:

AB796-ASA1,6,13 20.190 (1) (h) State fair operations. The amounts in the schedule for general program operations and for the grant program under s. 42.12. All moneys received by the state fair park board for or on account of the state fair, state fair park or other events and all moneys received from any lease of the Olympic Ice Training Center under s. 42.11 (3) shall be credited to this appropriation to be used to support the operation, management and development of state fair park and for the grant program under s. 42.12. The unencumbered balance of this appropriation on June 30 of each year shall be transferred to the appropriation under par. (i).

AB796-ASA1, s. 16 Section 16. 20.924 (3) of the statutes is created to read:

AB796-ASA1,6,17 20.924 (3) Subsection (1) (a) and (b) does not apply to the acquisition of land for, or the construction, repair, remodeling or improvement of, any building, structure or facility for the state fair park board.

AB796-ASA1, s. 17 Section 17. 42.01 (4) of the statutes is created to read:

AB796-ASA1,6,23 42.01 (4) (a) The state fair park board may organize a nonstock corporation under ch. 181 for the purposes of raising funds and providing support for the operation, management and development of state fair park. The board shall organize any corporation organized under this paragraph so that the corporation is exempt from taxation under the section 501 of the Internal Revenue Code.

AB796-ASA1,7,3 (b) The state fair park board may enter into a contract with any corporation that the board organizes under par. (a) under which the corporation raises funds or provides support for the operation, management and development of state fair park.

AB796-ASA1, s. 18 Section 18. 42.01 (5) of the statutes is created to read:

AB796-ASA1,7,7 42.01 (5) The state fair park board shall ensure that it receives sufficient revenues from the operation of state fair park to make the payments required under s. 20.190 (1) (j).

AB796-ASA1, s. 19 Section 19. 42.04 of the statutes is amended to read:

AB796-ASA1,7,14 42.04 Private operation and leasing. Nothing in this chapter shall prevent The state fair park board may provide for the operation and leasing of any facilities by private entrepreneurs, except that the state fair park board shall reserve the use of state fair park facilities for a sufficient period of time every year for purposes of conducting an annual state fair. This section does not apply to a lease authorized under s. 42.11 (3).

AB796-ASA1, s. 20 Section 20. 42.06 of the statutes is repealed.

AB796-ASA1, s. 21 Section 21. 42.09 (3) of the statutes is created to read:

AB796-ASA1,7,19 42.09 (3) The state fair park board may permit a private person to construct a building, structure or facility in the state fair park under a lease agreement with the board.

AB796-ASA1, s. 22 Section 22. 42.105 (1) of the statutes is renumbered 42.105.

AB796-ASA1, s. 23 Section 23. 42.105 (2) of the statutes is repealed.

AB796-ASA1, s. 24 Section 24. 42.106 of the statutes is created to read:

AB796-ASA1,8,2 42.106 State fair park board, building commission and department of administration. The state fair park board may enter into a memorandum of understanding with the department of administration and the building commission to coordinate the activities of the board, the department and the commission.

AB796-ASA1, s. 25 Section 25. 42.12 (1) of the statutes is amended to read:

AB796-ASA1,8,7 42.12 (1) Beginning on July 1, 1992, in each fiscal year, the state fair park board may award a grant, not to exceed $35,000, to the city of West Allis to be used to provide crowd and traffic control services related to events held at the state fair park, including events associated with the Olympic Ice Training Center under s. 42.11.

AB796-ASA1, s. 26 Section 26. Nonstatutory provisions.

AB796-ASA1,8,9 (1) State fair park board membership.

AB796-ASA1,8,15 (a) Notwithstanding section 15.93 of the statutes, as created by this act, the terms of the members of the state fair park board appointed under section 15.445 (4), 1997 stats., who are serving on the effective date of this paragraph expire on the effective date of this paragraph or on the day on which a majority of the members of the board who are initially appointed under section 15.93 (1) (a) to (e) of the statutes, as created by this act, are appointed and qualified, whichever is later.

AB796-ASA1,8,19 (b) Notwithstanding the length of terms specified in section 15.93 (2) of the statutes, as created by this act, the governor shall appoint the initial members of the board under section 15.93 (1) (c) to (e) of the statutes, as created by this act, for the following terms:

AB796-ASA1,8,21 1. One member under section 15.93 (1) (c) of the statutes, as created by this act, for a term expiring on May 1, 2001.

AB796-ASA1,8,24 2. One member under section 15.93 (1) (c) of the statutes, as created by this act, and one member under section 15.93 (1) (e) of the statutes, as created by this act, for terms expiring on May 1, 2002.

AB796-ASA1,9,3 3. One member under section 15.93 (1) (c) of the statutes, as created by this act, and one member under section 15.93 (1) (e) of the statutes, as created by this act, for terms expiring on May 1, 2003.

AB796-ASA1,9,6 4. The member under section 15.93 (1) (d) of the statutes, as created by this act, and one member under section 15.93 (1) (c) of the statutes, as created by this act, for terms expiring on May 1, 2004.